Domain Manage

trademarking a domain name

Discussion in 'General Board' started by SecNam, Jun 8, 2011.

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  1. SecNam

    SecNam Moderator Staff Member

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    Has anyone trademarked a domain name they own. If so what are the steps.
    if anyone has done then can we have a chat on pm/msn please as i have a request for a client wanting to do this.
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. wb United Kingdom

    wb Well-Known Member

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    Not true, I have seen registered trademarks on IPO for domains including the extension.
     
  4. Rob_F United Kingdom

    Rob_F Well-Known Member

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    Amazon.co.uk, for example.

    - Rob
     
  5. JMOT

    JMOT Well-Known Member

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    Totally untrue.

    You CAN trademark domain names. I've just registered several.

    OP -

    Just google "trademarks" and pick one of the flat fee providers.

    I've used Trademark Direct and they are pretty decent.

    Tom
     
  6. anthony United Kingdom

    anthony Well-Known Member

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    The specific rule covering this:

    "28 Domain names and Section 3(1)
    A domain name is a written representation of an Internet electronic address, e.g.
    www.patent.gov.uk, which is the Office’s web site address. It is common-place for goods and services to be sold in the UK under such a name, i.e. the domain name is being used as a trade name or trade mark, and the Registrar will, subject to the usual criteria of the Act, permit domain names to be registered as trade marks. Elements of the domain name such as ".com" or ".co.uk" are considered to be totally non-distinctive, much in the same way as "Ltd" and "Plc". As a general rule, one should consider whether the remainder of the mark is descriptive or non-distinctive; if so, there is likely to be an objection under Section 3(1)(b) of the Act.
    There may be exceptions. For example TWIST AND SEAL would be liable to an
    objection for storage jars on the basis that it describes a characteristic of the goods, whereas the addition of ".COM" gives the sign as a whole a trade mark character."
     
  7. SecNam

    SecNam Moderator Staff Member

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    thats exactly what i told em sean lol and i agree with that but i am thinking they want to tm the business idea and domain name aswell to cover things not just the domain name but ive told them so its upto them now.

    thanks for replies, much appreciated..
     
  8. foz

    foz Well-Known Member Exclusive Member

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    If you can register a mark with a domain extension would that not aid reverse domain hijacking (or at least increase your chances of getting a domain via DRS)?

    Probably the registered before trademark application would apply, but some experts are inept at spotting this.
     
    Last edited: Jun 9, 2011
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